Run Them Sweet, LLC v. CPA Global Limited et al

Filing 33

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by CPA Global Limited, CPA Global North America, LLC. Case Management Statement due by 12/27/2016. Initial Case Management Conference set for 1/4/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on September 28, 2016. (wsn, COURT STAFF) (Filed on 9/28/2016)

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PENELOPE A. PREOVOLOS (CA SBN 87607)
[e-mail]
GRANT C. SCHRADER (CA SBN 273498)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
CPA GLOBAL NORTH AMERICA, LLC, AND CPA
GLOBAL LIMITED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUN THEM SWEET, LLC, a California
limited liability company, on behalf of
themselves and those similarly situated,
Plaintiff,

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Case No.

3:16-cv-03662-LB JST

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

v.
CPA GLOBAL LIMITED, a foreign entity
formed under the laws of the Island of Jersey,
Channel Islands, and CPA GLOBAL NORTH
AMERICA, LLC, a Delaware limited liability
company,
Defendants.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 3:16-cv-03662-JST
sf-3697235

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Pursuant to Local Rules 6-1 and 6-2, plaintiff Run Them Sweet, LLC (“Plaintiff”), and

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defendants CPA Global North America, LLC, and CPA Global Limited (collectively,

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“Defendants”), by and through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, Plaintiff filed its Complaint in this case on June 29, 2016;

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WHEREAS, on August 18, 2016, Defendants filed a motion to transfer this action to the

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Eastern District of Virginia (Dkt. 20), Plaintiff filed its Opposition on September 8, 2016 (Dkt.

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25), and Defendants filed their Reply on September 22, 2016 (Dkt. 26);

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WHEREAS, Defendants’ motion to transfer is set for hearing on October 25, 2016 (Dkt.
24);
WHEREAS, pursuant to the parties’ August 24, 2016 stipulation (Dkt. 22), and the

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Court’s order granting the same (Dkt. 23), Defendants’ current deadline to respond to the

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Complaint is 30 days after the Court’s order on the motion to transfer;

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WHEREAS, the initial case management conference is scheduled for October 12, 2016
(Dkt. 18);
WHEREAS, given the pending motion to transfer and Defendants’ deadline to respond to

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the Complaint, the parties believe that continuing the case management conference would

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promote the most efficient use of the Court’s and the parties’ resources;

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WHEREAS, there have been two previous modifications of the deadlines in this case
(Dkts. 12 & 22);

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WHEREAS, this stipulated extension does not affect any other existing date or deadline;

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IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel,

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subject to this Court’s approval, that:
1. The case management conference scheduled for October 12, 2016 is continued

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until a date to be determined by the Court after the Court’s order on Defendants’

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motion to transfer. January 4, 2017.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 3:16-cv-03662-JST
sf-3697235

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Dated: September 28, 2016

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PENELOPE PREOVOLOS
GRANT C. SCHRADER
MORRISON & FOERSTER LLP

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By:

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Attorneys for Defendant
CPA GLOBAL NORTH AMERICA,
LLC AND CPA GLOBAL LIMITED

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/s/ Grant C. Schrader
Grant C. Schrader

Dated: September 28, 2016

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ETHAN J. BROWN
GEOFFREY A. NERI
BROWN, NERI, SMITH & KHAN LLP

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By:

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/s/ Geoffrey A. Neri
Geoffrey A. Neri
Attorneys for Plaintiff
RUN THEM SWEET, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:

September 28, 2016

_____________________________
Hon. Jon S. Tigar
United States District Judge

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 3:16-cv-03662-JST
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ECF ATTESTATION

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I, Grant C. Schrader, am the ECF user whose ID and password are being used to file this:

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND

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[PROPOSED] ORDER

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In compliance with Civil Local Rule 5-4.3.4, I hereby attest that Geoffrey A. Neri concurs
in this filing’s content and has authorized the filing.
Dated: September 28, 2016

MORRISON & FOERSTER LLP

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By:

/s/ Grant C. Schrader
Grant C. Schrader

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 3:16-cv-03662-JST
sf-3697235

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PENELOPE A. PREOVOLOS (CA SBN 87607)
[e-mail]
GRANT C. SCHRADER (CA SBN 273498)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

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Attorneys for Defendants

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CPA GLOBAL NORTH AMERICA, LLC, AND CPA
GLOBAL LIMITED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUN THEM SWEET, LLC, a California limited
liability company, on behalf of themselves and
those similarly situated,
Plaintiff,

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v.
CPA GLOBAL LIMITED, a foreign entity
formed under the laws of the Island of Jersey,
Channel Islands, and CPA GLOBAL NORTH
AMERICA, LLC, a Delaware limited liability
company,

Case No.

3:16-cv-03662-JST

DECLARATION OF GRANT C.
SCHRADER IN SUPPORT OF
STIPULATION TO CONTINUE
CASE MANAGEMENT
CONFERENCE

Defendants.

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SCHRADER DECL. ISO STIP. TO CONTINUE CASE MANAGEMENT CONFERENCE
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I, Grant C. Schrader, declare as follows:
1.

I am an attorney licensed to practice law in the State of California and am admitted

to practice before this Court. I am an associate with the law firm of Morrison & Foerster LLP,
counsel of record for defendants CPA Global Limited and CPA Global North America, LLC
(collectively, “Defendants”). I submit this Declaration in support of the parties’ stipulation to
continue the case management conference. I make this Declaration based on my personal
knowledge and discussions with Plaintiff’s counsel, Geoffrey Neri. If called as a witness, I would
testify to the facts set forth below.
2.

Plaintiff filed its Complaint in this case on June 29, 2016, and served the

Complaint on CPA Global North America LLC on July 1, 2016. Defendants’ counsel accepted
service of the Complaint on behalf of CPA Global Limited on July 18, 2016.
3.

On July 20, 2016, the parties stipulated to extend Defendants’ deadline to respond

to the Complaint until September 6, 2016. (Dkt. 12.)
4.

On August 18, 2016, Defendants filed a motion to transfer this action to the

Eastern District of Virginia on the basis of a forum-selection clause in the parties’ contract and
under the forum non conveniens factors codified in 28 U.S.C. § 1404(a). (Dkt. 20.)
5.

On August 24, 2016, the parties stipulated to a briefing schedule on Defendants’

motion to transfer and to extend Defendants’ time to respond to the Complaint until 30 days after
the Court’s order on the motion to transfer. (Dkt. 22.) The Court granted the parties’ stipulation
the following day. (Dkt. 23.)
6.

Plaintiff filed its Opposition to Defendants’ motion to transfer on September 8,

2016 (Dkt. 25), and Defendants filed their Reply on September 22, 2016 (Dkt. 26). The motion is
set for hearing on October 25. (Dkt. 24.)
7.

The initial case management conference is scheduled for October 12, 2016.

8.

Given the motion to transfer implicates fundamental issues concerning the proper

venue for this case and Defendants have not yet answered the Complaint, the parties have agreed

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SCHRADER DECL. ISO STIP. TO CONTINUE CASE MANAGEMENT CONFERENCE E
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to continue the case management conference to a date to be determined by the Court after the
Court’s order on the motion to transfer.
9.

There is good cause for this continuance. This Court’s adjudication of the motion

to transfer may result in this case being heard in front of a different judge, in a different district
court, applying different local rules and procedures and potentially a different state’s law. It will
also necessarily impact the schedule in this case going forward. Thus, continuing the case
management conference would promote the most efficient use of the Court’s and the parties’
resources.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct and that this Declaration was executed in San Francisco, California,

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on this 28th day of September, 2016.

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By:

/s/ Grant C. Schrader
Grant C. Schrader

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SCHRADER DECL. ISO STIP. TO CONTINUE CASE MANAGEMENT CONFERENCE
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